Tag: Equal Employment Opportunity Commission (EEOC)

New EEOC General Counsel Calls Bias Damages Caps ‘Unacceptable’

In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws are “morally unacceptable.” Currently, total compensatory and punitive damages are capped for the largest companies at $300,000. Congress established the limits when it passed the 1991 revision to Title VII […]

EEOC’s Pregnancy Accommodation Regulations Are Broader Than You Think

Anyone scrolling YouTube in the evenings has likely come across a humorous video of men trying their luck at a “period pain” machine, which simulates the pain and discomfort many women experience on a monthly basis from menstruation. In the videos, the men are usually in agony by the time the highest setting is applied, […]

Support Culture: How To Keep a Five-Generation Workforce Happy (Part 2)

This is Part 2 in a two-part series. Read Part 1 here. With five generations at work for the first time in U.S. history, HR execs are charting a growing constellation of roles, identities, and life stages in their benefits plans and experiences. The good news? The call for flexibility and help taking care of loved […]

What to Expect from the EEOC in 2024

In 2023, the Equal Employment Opportunity Commission (EEOC) finally received its full slate of commissioners with three Democrats (Chair Charlotte Burrows, Vice Chair Jocelyn Samuels, and Commissioner Kalpana Kotagal) and two Republicans (Commissioners Andrea Lucas and Keith Sonderling). In addition, the EEOC now has a confirmed general counsel for the first time since 2021. Employers […]

Planning for Workforce Reductions in an Age of Inflation

With inflationary pressures and lingering fears of a recession, 2023 has seen layoffs in nearly every sector of the economy. But layoffs have their own price tag, which often includes severance payments to affected employees, loss of institutional knowledge, diminished employee morale, and reputational harm. Before committing to a reduction in force, employers should consider […]

Proposed Harassment Guidance Broadens Employers’ Obligations Under EEO Law

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The guidance incorporates updates reflecting current case law governing workplace harassment and addresses the proliferation of digital technology and how social media postings and other off-work […]

A Reminder for Employers: Review Your Separation Agreements

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing any potential claims against the company. The goal is to avoid an existing or potential dispute, claim, or lawsuit. But if companies don’t routinely review […]

AI Discrimination: What EEOC Settlement with iTutorGroup, Inc., Means for Employers

Can artificial intelligence (AI) and machine learning programs lead to discrimination claims? The simple answer is yes, and the recent settlement between the Equal Employment Opportunity Commission (EEOC) and three integrated English-language tutoring companies known as iTutorGroup, Inc., confirms any doubts employers might have. Now more than ever, employers should carefully evaluate the benefits and […]

SCOTUS Subtly Redefines the Landscape of Workplace Religious Accommodations

Since 1977, employers evaluating whether an employee’s religious accommodation request would cause undue hardship on their business had a low burden to meet. A denial of a religious accommodation could likely be justified if the proposed accommodation involved more than de minimis cost or inconvenience to the employer. Recently, the U.S. Supreme Court changed that […]

LGBTQ Rights Lose to Employer’s Religious Beliefs

On June 20, the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) delivered a blow to advocates of LGBTQ rights in the workplace when it sided with a self-described Christian business whose policies discriminated against gays. The lesson: Not all discrimination is unlawful discrimination. Discriminatory Policies Braidwood Management manages various […]